在noldeke和schmidt在1995年发表的论文《期权契约和再谈判:一个套牢问题的解决办法》中,他们赋予卖家有是否发货的权利,但在再谈判的过程中赋予买家全部的讨价还价权利。也就是说买家总能拒绝卖家提出的新合同,而当买家提出新合同时,只要不降低卖家在老合同下的收益,卖家就会接受。这是为什么呢?原文的解释是这样的Note that renegotiation can only succeed if the buyer offers a new contract. To see this, suppose the buyer made no offer at the renegotiation stage. Then,no matter what new contract has been sent by the seller, the buyer can always induce the courts to enforce the old contract by withholding any renegotiation offer he received. Therefore, the seller will not make the efficient trading decision until he has a new contract in hand, offered and signed by the buyer, which guarantees him at least what he could get from sticking to the old contract and taking the inefficient action.